Legal Opinion

People v. Abney

Appellate Division of the Supreme Court of the State of New York

Decided October 14, 2008PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Friedman, J.

Defendant was convicted of robbing a 13-year-old girl at knife-point based on the victim’s eyewitness testimony. Defendant argues that the conviction should be reversed, and the case remanded for a new trial, based on the trial court’s refusal to permit the defense to present expert testimony on the reliability of eyewitness identifications. We disagree. Even if the proffered expert testimony was relevant to the reliability of the identification at issue, here there was evidence corroborating that identification. Thus, People v LeGrand (8 NY3d 449 [2007]),…

2Cases cited5 opinions

  1. People v. BenzingerNew York Court of Appeals · 1974
  2. People v. KelloNew York Court of Appeals · 2001
  3. People v. LeGrandNew York Court of Appeals · 2007
  4. People v. HawkinsNew York Court of Appeals · 1982
  5. People v. AustinAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by5 opinions

  1. People v. AbneyNew York Court of Appeals · 2009
  2. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2008
  3. Salazar v. Novalex Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  4. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2010

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